Prosecutors file new details of case against Blagojevich under wraps

Judge or defense can decide if any evidence should stay out of public record in weeks leading up to trial

April 05, 2010|By Jeff Coen, Tribune reporter

Federal prosecutors have filed a key document laying out their corruption case against former Gov. Rod Blagojevich out of the public eye — at least for now.

Such a filing is typically made part of the public record in the weeks before the start of a trial. Jury selection is set to begin June 3 for Blagojevich and his brother, Robert.

But in a brief public filing to explain their actions, prosecutors said they have filed the new document under seal so U.S. District Judge James Zagel and the defense can first decide if any portions should stay under wraps. Prosecutors said they acted out of "an abundance of caution." A pool of prospective jurors is expected to be asked through the mail shortly whether they can sit for a trial that is likely to last four or more months.

Prosecutors revealed that the document contains details about the government's evidence that have never been disclosed. The defense could argue the release of the details could taint the jury pool, even though the selection process is two months away.

Prosecutors asked to be heard on the sealing of the document — called an evidentiary proffer — on Friday in Zagel's courtroom.

Lawyers for the former governor as well as Blagojevich himself have repeatedly called for the public release of the prosecution's secretly made recordings that lie at the heart of the charges. Blagojevich is accused of corruptly using the power of the state's top office to enrich himself, including trying to sell the U.S. Senate seat vacated by President Barack Obama.

Sam Adam Jr., one of Blagojevich's lawyers, said Monday afternoon that the defense had yet to see the new prosecution filing, prompting him to call it another delaying tactic by the government in turning over evidence.

The defense recently sought to delay the start of the trial without success, arguing in part that the government has been late in producing evidence — an allegation denied by prosecutors.